West Virginia mirrors federal FLSA overtime and mandates bi-weekly pay.
West Virginia's wage and hour rules largely align with federal FLSA for overtime, requiring 1.5x pay for hours worked beyond 40 in a workweek, applicable to employers with six or more employees. A distinct state requirement mandates a minimum bi-weekly pay frequency, along with specific meal break rules for employees working extended shifts. These provisions ensure timely compensation and adequate rest periods for the state's workforce.
WV Overtime & Pay Frequency
Ensures employees receive premium pay for overtime hours and are paid regularly, at least bi-weekly, with specific meal break provisions.
What those rules do as a West Virginia shift is created.
Teambridge Autopilot automatically applies West Virginia's overtime and pay frequency rules to ensure compliance without manual intervention. From scheduling to payroll, the system ensures accurate calculations and adherence to state mandates.
Overtime Calculation
Any hours scheduled beyond 40 in a workweek for non-exempt employees trigger 1.5x pay. The system automatically flags these hours for premium pay according to WV Code 21-5C-3.
Bi-weekly Pay Period Enforcement
The payroll system is configured to process payments at least every two weeks, aligning with WV Code 21-5-3. It also ensures final pay is issued on the next regular payday.
Meal Break Reminders
For shifts exceeding six consecutive hours, the system prompts for a mandatory 20-minute meal break, as required by WV Code 21-3-10a, preventing violations and ensuring employee well-being.
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West Virginia's wage and hour regulations primarily mirror federal FLSA, with specific state-level additions for pay frequency and breaks.
West Virginia law mandates overtime pay at 1.5 times the regular rate for hours worked over 40 in a workweek, applicable to employers with six or more employees. It also establishes a bi-weekly minimum pay frequency and requires meal breaks for long shifts.
WV Code § 21-5C-3: "No employer shall employ any of his employees for a workweek longer than forty hours, unless such employee receives compensation for his employment in excess of the hours above specified at a rate not less than one and one-half times the regular rate at which he is employed."
WV Code § 21-5-3: "Every person, firm or corporation doing business in this state, except a public service corporation, shall pay the wages of his or its employees at least once every two weeks..."
WV Code § 21-3-10a: "An employer shall provide a minimum of twenty consecutive minutes for a meal break to an employee who works six or more consecutive hours."
Overtime and Minimum Wage Requirements
West Virginia's wage and hour laws, specifically WV Code 21-5C-3, largely mirror the federal Fair Labor Standards Act (FLSA) regarding overtime. This means non-exempt employees must be paid 1.5 times their regular rate of pay for all hours worked over 40 in a workweek. The state's minimum wage is $8.75 per hour, applicable to employers with six or more employees; for employers with fewer than six employees, the federal minimum wage of $7.25 applies. The state exempt employee salary threshold generally defaults to the federal standard of $684 per week ($35,568 annually) for executive, administrative, and professional employees.
Pay Frequency, Breaks, and Other Provisions
Beyond overtime, West Virginia law imposes specific requirements for pay frequency and breaks. WV Code 21-5-3 mandates that employers pay wages at least once every two weeks, with a maximum 19-day pay close. For meal breaks, WV Code 21-3-10a requires a minimum of 20 consecutive minutes for a meal break for employees who work six or more consecutive hours. The state also has provisions under the WV Wage Payment and Collection Act (WPCA) that can impose triple liquidated damages for unpaid wages, and restrictions on polygraph testing under WV Code 21-5-5b.
Teambridge Autopilot handles West Virginia's wage and hour compliance, ensuring precise calculations and timely payments.
Our system integrates West Virginia's specific requirements directly into your scheduling and payroll processes, eliminating manual errors and reducing compliance risk. From overtime to pay frequency, Teambridge ensures your operations are always aligned with state law.
Automated Overtime Detection
Teambridge automatically identifies and calculates all hours worked beyond 40 in a workweek, applying the 1.5x overtime rate for eligible non-exempt employees in West Virginia.
Bi-Weekly Pay Cycle Management
The platform ensures all payroll cycles adhere to West Virginia's mandated bi-weekly payment frequency, streamlining operations and guaranteeing timely compensation.
Mandatory Meal Break Prompts
For shifts scheduled for six or more consecutive hours, Teambridge prompts for and tracks the required 20-minute meal break, helping prevent violations of WV Code 21-3-10a.
Detailed Wage and Hour Records
All payroll and timekeeping data are meticulously recorded and maintained, providing an audit-ready trail for West Virginia's wage and hour regulations, including minimum wage and overtime.
People also ask.
What is the overtime rate in West Virginia?
In West Virginia, the overtime rate is 1.5 times an employee's regular rate of pay for all hours worked over 40 in a workweek, as per WV Code 21-5C-3. This mirrors federal FLSA requirements.
How often must employees be paid in West Virginia?
West Virginia law (WV Code 21-5-3) requires employers to pay employees at least once every two weeks (bi-weekly). The pay period cannot extend beyond 19 days.
Are meal breaks required in West Virginia?
Yes, WV Code 21-3-10a mandates that employers provide a minimum of 20 consecutive minutes for a meal break to an employee who works six or more consecutive hours.
What is the minimum wage in West Virginia?
As of 2026, the state minimum wage in West Virginia is $8.75 per hour for employers with six or more employees. For employers with fewer than six employees, the federal minimum wage of $7.25 per hour applies.
Does West Virginia have a state-specific exempt salary threshold?
West Virginia generally defers to the federal FLSA salary threshold for exempt employees, which is $684 per week ($35,568 annually) for executive, administrative, and professional exemptions.
What are the penalties for unpaid wages in West Virginia?
Under the West Virginia Wage Payment and Collection Act (WPCA), employers found to have unlawfully withheld wages can be liable for the unpaid wages plus up to triple liquidated damages, as well as attorney's fees and court costs.